From: OhWowGolf L.L.C. Date: December 5, 2015 

To: United States Department of Transportation, 

Docket Management System 1200 New Jersey Ave., 

SE West Building Ground Floor Room W12w140 

Washington, DC 20590 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madarn: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 

the procedures contained in 14 C.F.R. Part 11, OhWowGolf LLC (OWG) is an owner and 

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (FARs) 

listed below so that OWG may operate its small unmanned aircraft /lightweight unmanned aircraft 

systems (UAS) commercially in airspace regulated by the Federal Aviation Administration ("FAA"). 

OWG hereby applies for an exemption from the Federal Aviation Regulations to allow commercial 

operation of its UAS's for the purpose of capturing high definition (HD) feature film of golf courses. 

OWG's process of filming a golf course, with an unmanned aerial system is currently patent 

pending. Therefore, it should be considered as proprietary information, not to be viewed by the 

general public. All proprietary information will be listed on Exhibit "A" page 8 of this exemption 

request.. 

Granting OWG's request conforms with the Secretary of Transportation's (FAA Administrator's) 

responsibilities to not only integrate UASs into the national airspace system, but to " ... establish 

requirements for the safe operation of such aircraft systems [UASs] in the national airspace 

system" under Section 333(c) of the Reform Act. Further, OWG will conduct its operations in 

compliance with the protocols described herein or as otherwise established by the FAA. 

OhWowGolf contact information: 

OhWowGolf L.L.C. 

PO Box2475 

Monument, C:d. 80932 

Attention: David Hovasse (Founder) 

Tel.: (719) 201-7446 Dave@ohwowgolf~Com 

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For the reasons stated below, OWG respectfully requests the grant of an exemption allowing it to 

operate lightweight DJI Phantom 2 series, remote controlled UAS's. In the very near future, and 

due to the rapid advancement of UAV technology, OWG will be obtaining and utilizing the DJI 

Phantom 3 series along with the DJI Inspire 1. All of which weigh less than 10 lbs. 

The Specific Sections of Title 14 of the Code of Federal Regulations From Which OWG requests 

exemption: 

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.103; 14 C.F. R. 91.119; 

14 C.F.R. 91.121; 14 CFR 91.151{a); 14 CFR 91.405(a); 14 CFR 407 (a) (1); 14 CFR 409 (a) 

(2); and, 14 CFR 417 (a) & (b). 

UAS's operated by OWG weigh less than 10 pounds, including the payload (i.e. camera, lens, and 

gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneously 

move vertically and horizontally. OWG will only operate its UAS's in line of sight and will operate 

only within the areas described in the OWG, Flight Operations and Procedures Manual ("FOPM"). 

Such operations will insure that the UAS will "not create a hazard to users of the national airspace 

system or the public. 

Given the small size of OWG's UAS's and the environments within which they will operate, 

OhWowGolfs UAS operations adhere to the Reform Act's safety requirements. Additionally, due 

to the size of the UASs and the limited areas in which they will operate, approval of this 

application presents no national security issues. Based on the substantial level of safety 

surrounding the proposed operations, and the significant public benefit (enhanced safety), 

reduction in environmental impacts (reduced emissions and noise), the granting of the requested 

exemption is in the public interest Accordingly, OWG respectfully requests that the FAA grant the 

requested exemption. 

Aircraft & Equivalent Level Of Safety 

The operating limitations proposed by OhWowGolf provide for at least an equivalent or higher 

level of safety because operations further enhance safety of aerial videography. 

As set forth in the OhWowGolf, Flight Operations and Procedures Manual (FOPM), the limitations 

and conditions include: 

• The UASs will weigh less than 10 pounds. 

• The UAS will be operated by qualified Pilot in Command (PIC). 

• The PIC and Visual Observer (VO) will be able to communicate by voice at all times. 

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• Maximum flight time for each operational flight will be less 10 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 10 minute limit. (In 

general, OhWowGolf flights are from 3 to 6 minutes.) 

• Flights will be operated at an altitude of no more than 400 feet AGL, and not more than 

200 feet above an elevated platform from which filming is planned. 

• Flights will be operated within visual line of sight (VLOS) of the PIC and/or VO at all times. 

The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

I) Minimum crew for each operation will consist of the UAS PIC and the VO. 

• The UAS Pilot will be the PIC. 

• A flight operations "Security Perimeter" will be established for each flight. 

• All UAS flights will also be performed as identified in the FOPM in regards to UAS preflight 

inspections, maintenance, alterations, UAS manufacturer's requirements, and record 

keeping. 

• A briefing will be conducted for planned UAS operations prior to each day's flight that will 

be attended by all personnel performing duties associated with the flight. 

• The UAS will only operate within a predetermined controlled area as defined in the FOPM. 

• The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate Flight Standards District Office (FSDO). 

• The operator will obtain consent of all persons involved in the filming and ensure that only 

consenting persons will be allowed within 500 feet of the flight operation. This radius may 

be reduced to 30 feet based upon an equivalent level of safety determination, as required 

under the FOPM. With the advanced permission of the FSDO, operations at closer range 

can be approved. 

• The operator will ensure that no nonparticipating persons are allowed within 500 feet of 

the area except those consenting to be involved and necessary for the filming production. 

This provision may be reduced to no less than 1 00 feet if it would not adversely affect 

safety and the Administrator has approved it. 

• The operator will submit a written Plan of Activities to the FSDO three days before the 

proposed shoot as required in the FOPM. 

• The PIC will be trained in UAS operations and have received current information on the 

particular UAS to be operated as required by the FOPM. 

• Written permission from r~levant golf course property holders will be obtained. 

• All required permission and permits will be obtained from territorial, state, county, or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies. 

• UAS operations are limited to conducting operations for the purpose of capturing HD 

feature film quality aerial cinematography for gf courses. 

• If the UAS loses communications or loses its GPS signal, the UAS will have the capability 

to return and land at a predetermined location within the Security Perimeter. 

• The PIC will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

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14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command 

Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have a private pilot's 

license rather than a commercial pilot's license to operate a small UAS. Unlike a conventional 

manned aircraft, a UAS is remotely controlled by a ground-based operator (the PIC). The 

operational area is controlled and restricted, and all flights are planned and coordinated in 

advance. The level of safety exceeds that provided by a single individual holding a commercial 

pilot's certificate operating a conventional aircraft. The risks associated with the use of a UAS are 

so diminished from the level of risk associated with commercial operations contemplated by Part 

61 allowing UAS use by a private pilot as the PIC exceeds the present level of safety sought by 14 

C.F.R. §61.113 (a) and (b). 

OhWowGolf only operates its UASs in predetermined controlled areas and only in compliance 

with established safety protocols. 

14 C.F.R. § 91.103: Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. 

As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, 

an equivalent level of safety will be provided. The PIC will take all actions, including reviewing 

weather, flight battery requirements, landing and takeoff distances, and aircraft performance data 

before commencement of flight. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in 

pertinent part, that: "except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: ..... 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure." 

Beqause OhWowGolf requests authority to operate at altitudes only up to 400 feet AGL, and not 

more than 200 feet above an elevated platform from which filming is planned, an exemption is 

needed to allow such operations. The UAS will never operate higher than 400 feet AGL. It will 

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also be operated in a predetermined controlled area, where buildings and people will not be 

exposed to operations. 

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as 

well as the location where it is operated. No flight will be taken without the permission of property 

owners or local officials. Because of the advance notice to the property owners and participants in 

the filming activity, all affected individuals will be informed of the planned flight operations. 

Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk 

associated with the proposed UAS operations is far less than conventional aircraft operating at or 

below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation 

between a UAS and conventional aircraft. 

14 C.F.R. §91.121 Altimeter Settings 

Section 91.121 requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set" ... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As a UAS may not have a barometric altimeter, but 

instead a GPS altitude data, an exemption is needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the FOPM and Safety Check list, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and assuming normal cruising speed-(1) During the day to fly 

after that for at least 30 minutes .... " 

The battery powering the OhWowGolf UASs provides a'maximum of 20 minutes of powered flight. 

Therefore, it would not be possible to meet the 30-minute daylight reserve requirement in 14 CFR 

§91.151. Given the limitations on the UAS's proposed flight area and its proposed operations 

within a predetermined location, a 25% battery power reserve would provide an adequate safety 

factor. Furthermore, operating the UASs in a predetermined controlled area where only people, 

property owners, or official representatives who have signed waivers will be allowed, less than 30 

minutes of reserve fuel does not lead to the type of risk that §91.151 (a) was intended to address. 

OhWowGolf believes that safety can be achieved by limiting flights to 20 minutes or 25% of battery 

power, whichever occurs first. (In general, OhWowGolf flights are from 5 to 15 minutes.) This 

restriction would be more than adequate to return the UAS to its pre-determined landing zone 

from anywhere in its limited operating area. 

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OhWowGolf is not seeking an exemption for night-time UAS operations as identified in 14 CFR 

1.1. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance /Inspections 

These regulations require that an aircraft operator or owner shall "have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to OhWowGolf operations. Maintenance will be accomplished by the 

operator. An equivalent level of safety will be achieved because the UAS's are limited in size, will 

carry a small payload and operate only in predetermined controlled areas for limited periods of 

time. If mechanical issues arise, the UAS can land immediately and will be operating from no 

higher than 400 feet AGL. As provided in the FOPM, the operator will ensure that the UAS is in 

working order prior to flight, perform any required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the UAS and · 

best suited to maintain it in an airworthy condition. 

Summary 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

OhWowGolf seeks an exemption from the following rules: 

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.103; 14 C.F. R. 91.119; 

14 C.F.R. 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 407 (a) (1); 14 CFR 409 (a) 

(2); and, 14 CFR 417 (a) & (b) to allow commercial operation of its UAS's for the purpose of 

capturing high definition (HD) feature film quality aerial cinematography. 

As established by the UAS exemptions already granted by the FAA, allowing commercial 

operations of UASs in the film industry will enhance safety by reducing risk. Conventional film 

operations, using turbine aircraft, operate at low altitudes and present the risks associated with 

aircraft that weigh around 4,000 pounds, and which carry large amounts of Jet A fuel. Such 

aircraft must also fly to and from the film location. In contrast, a UAS weighing fewer than 55 

pounds and powered by batteries eliminates virtually all of that risk given the small size and lack of 

combustible fuel. The UAS is carried, and not flown, to a film location. In this regard, the UAS 

carries no passengers or crew and, therefore, will not expose them to the risks associated with 

manned flights. 

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The operation of UASs conducted in the strict conditions outlined in our FOPM will provide an 

equivalent level of safety supporting the grant of the exemption requested herein. The UASs 

operate at slow speeds, close to the ground, and in a controlled environment. As a result, they are 

far safer than conventional operations conducted with turbine helicopters flying near the ground 

and people. 

Privacy 

All flights will occur over private property with the property owner's prior consent and knowledge. 

Filming will be only of people who have given their consent or otherwise have agreed to be in the 

area where filming will occur. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of 

sight and national security} provide more than adequate justification to grant OhWowGolf 

requested exemption, allowing for OhWowGolfs UAS commercial operations pursuant to the 

FOPM included herewith. 

If you have any questions or need any additional information, please contact me at (719} 

201-7446 or at dave@ohwowgolf.com 

Sincerely yours, 

David Hovasse, Owner OhWowGolf LLC. 

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